Tracy A. English, III v. Brandon M. Brady, Brandon M. Brady Farms, Inc.
Attorneys and Parties
Brief Summary
Real property/contract dispute over a deed reservation and whether a rescission claim may be added after the statute of limitations expired.
Granted plaintiff leave to amend the complaint to add a rescission cause of action.
The grant of leave to amend to add a rescission claim.
The proposed rescission claim was time-barred by Civil Practice Law and Rules (CPLR) 213(1) [six-year statute of limitations for equitable actions], accrued upon execution of the deed in 2012, and no continuing fraud or duress was alleged; thus, under CPLR 3025(b) [rule that leave to amend a pleading shall be freely given], the amendment was patently devoid of merit and should have been denied.
Background
Plaintiff transferred land to defendant Brandon M. Brady in 2012 via a deed that contained a reservation preserving certain rights for plaintiff. Brady later conveyed the property to Brandon M. Brady Farms, Inc. In 2023, plaintiff sued for monetary damages for alleged breach of the reservation. After partial discovery, plaintiff sought leave to amend to add a rescission claim, alleging no meeting of the minds because defendants' understanding of the reservation materially differed from plaintiff's.
Lower Court Decision
Supreme Court, Livingston County granted plaintiff leave to amend the complaint to add a cause of action for rescission.
Appellate Division Reversal
The Fourth Department unanimously reversed, holding the proposed rescission claim accrued at the 2012 deed execution, was subject to the six-year limitations period under CPLR 213(1), and had expired before the 2023 action commenced; therefore, the amendment was patently time-barred and leave to amend should have been denied. Other arguments were deemed academic.
Legal Significance
Confirms that rescission, as an equitable remedy, is governed by CPLR 213(1)'s six-year limitations period and accrues at contract execution absent continuing fraud or duress. A proposed amendment that is time-barred is patently devoid of merit and should be denied notwithstanding CPLR 3025(b)'s liberal standard.
A rescission claim tied to a deed or contract must be asserted within six years of execution; if that period has elapsed, courts will deny leave to amend to add rescission as patently time-barred.